Legislator Case Law & Legislation
I PKN 322/97 AI generated

Dismissal of appeal: Termination of employment during workday for illness does not violate Art. 41 KP.

Case Number I PKN 322/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Maria W.'s cassation appeal seeking reinstatement after her employer terminated her contract on the day she reported for work. The court found that although she was subsequently hospitalized due to an accident, she had physically performed her duties and was present at the workplace when the dismissal occurred. Consequently, the court ruled that the statutory prohibition on terminating an employee during justified absence does not apply because the employee was not absent at the time of termination.

Legislator headnote

AI generated

Art. 41 Kodeksu pracy; The prohibition on terminating an employee during justified absence applies only to employees who are actually absent from work due to illness, not to those who are present and performing duties.

Keywords

AI generated
termination of employment justified absence illness during work labor law cassation appeal employee reinstatement workplace accident

Cited Legislation

AI generated
art. 41 Kodeksu pracy
art. 181 i nast. ustawy z dnia 16 września 1982 r. Prawo spółdzielcze
art. 39311 KPC
art. 39312 KPC

Cited Case Law

AI generated
I PZP 68/92
III PZP 21/68
V PZP 5/75
I PZP 41/91

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